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Apple Asks For $707M More in Damages from Samsung

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Top message:  WOW by Ashke13   Sep 23, 2012, 9:59 AM

Replying to:  Re: WOW by Haggard   Sep 24, 2012, 8:52 AM


by deepskyblue    Sep 24, 2012, 5:29 PM

You're making two incorrect assumptions here:

1) that the Califonia verdict is final
2) the fact that Samsung wanted to make their phones like iphone means they're guilty.

This isn't the way patent law works. If you didn't originate something you can't patent it. You also can patent obvious things.

Even if Apple originated a single one of the items in these patents (they didn't) they would have a tough go in court.

Think of all the store brand packaging that's clearly based on name brand packaging. Is that violating trade dress and design patents?

There has to be substantial similarity, so much so that an average observer would purchase one thinking it was the other.

I don't know if you work in the industry or not, but I've yet to run into a customer who purchased a samsung phone thinking it was really an iPhone.

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